12796 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

DC 20004. The Docket Center’s hours of 

operations are 8:30 a.m.–4:30 p.m., 

Monday–Friday (except Federal 

Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. Submit 

your comments, identified by Docket ID 

No. EPA–HQ–OAR–2023–0434, at 

https://www.regulations.gov (our 

preferred method), or the other methods 

identified in the ADDRESSES section. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Bohman, Climate Change 

Division, Office of Atmospheric 

Programs (MC–6207A), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: (202) 343–9548; 

email address: merp@epa.gov. For 

technical information, please go to the 

Methane Emissions Reduction Program 

website, https://www.epa.gov/inflationreduction-act/methane-emissionsreduction-program. 

SUPPLEMENTARY INFORMATION: On 

January 26, 2024, the Environmental 

Protection Agency (EPA) published a 

proposed rule titled ‘‘Waste Emissions 

Charge for Petroleum and Natural Gas 

Systems’’ (89 FR 5318). The public 

comment for this proposed rule was 

scheduled to end on March 11, 2024. 

The EPA is extending that deadline to 

March 26, 2024. This extension will 

provide the general public additional 

time for participation and comment. 

Paul Gunning, 

Director, Office of Atmospheric Protection. 

[FR Doc. 2024–03349 Filed 2–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[[EPA–R02–OAR–2023–0638, FRL–11638– 

01–R2] 

Approval and Promulgation of Plans 

for Designated Facilities; New Jersey; 

Delegation of Authority 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

request from the New Jersey Department 

of Environmental Protection (NJDEP) for 

the delegation of authority to implement 

and enforce the Federal Plan 

Requirements for Municipal Solid 

Waste (MSW) landfills that commenced 

construction on or before July 17, 2014, 

and have not been modified or 

reconstructed since July 17, 2014 

(Federal Plan). On November 21, 2023, 

the NJDEP Assistant Commissioner 

signed a memorandum of agreement 

(MoA) concerning the delegation of 

authority of the Federal Plan to NJDEP 

by the EPA. Subsequently, on November 

28, 2023, the MoA became effective 

upon the EPA Region 2 Administrator’s 

signature. The Federal plan addresses 

the implementation and enforcement of 

the emission guidelines applicable to 

existing MSW landfills located in areas 

not covered by an approved and 

currently effective state plan. The 

Federal plan imposes emission limits 

and other control requirements for 

existing affected MSW landfills which 

will reduce designated pollutants. The 

purpose of this delegation is to transfer 

primary implementation and 

enforcement responsibilities from the 

EPA to NJDEP for existing sources of 

MSW landfills. This document informs 

the public of the MoA, provides a copy 

of the signed document, and proposes to 

amend regulatory text. 

DATES: Written comments must be 

received on or before March 21, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2023–0636 at https://

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Controlled 

Unclassified Information (CUI) (formally 

referred to as Confidential Business 

Information (CBI)) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be CUI or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CUI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, Region 2, Air 

Programs Branch, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at Taveras.

Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

I. Background 

II. What is the EPA’s Proposed Action? 

III. Statutory and Executive Order Reviews 

I. Background 

On May 21, 2021, the EPA published 

a final rule in the Federal Register at 86 

FR 27756 to promulgate the Federal 

Plan Requirements for Municipal Solid 

Waste (MSW) Landfills That 

Commenced Construction On or Before 

July 17, 2014, and Have Not Been 

Modified or Reconstructed Since July 

17, 2014, (Federal Plan), pursuant to 

section 111(d) of the Clean Air Act 

(CAA). This Federal Plan implements 

the 2016 Emission Guidelines (EG), 40 

CFR part 60, subpart Cf, which applies 

to MSW landfills that have accepted 

waste at any time since November 8, 

1987, and commenced construction, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12797 

1 In identifying this document, New Jersey’s 

submittal cited the Emission Guideline 

requirements under 40 CFR part 60, subpart Cf. The 

EPA understands that to be a typographical error as, 

within that same submittal, the State affirms that 

the Department will follow the compliance 

schedule prescribed under 40 CFR 62.16712. The 

citation is corrected accordingly. 

2A copy of New Jersey’s Acting Attorney General 

opinion is attached to NJDEP’s request letter to 

implement and enforce the Federal Plan 

Requirements for MSW landfills that commenced 

construction on or before July 17, 2014 and have 

not been modified or reconstructed since July 17, 

2014. 

reconstruction, or modification on or 

before July 17, 2014. See 81 FR 59332. 

The CAA requires States with existing 

MSW landfills subject to the EG to 

submit State Plans to the EPA in order 

to implement and enforce the EG. For 

States without an approved plan, CAA 

section 111 and 40 CFR 60.27(c) and (d) 

require the EPA to develop, implement, 

and enforce a Federal plan for existing 

MSW landfills. This Federal Plan 

applies in areas without an approved 

State Plan by requiring existing MSW 

landfills that reach a landfill gas 

emission threshold of 34 megagrams 

(Mg) of nonmethane organic compounds 

(NMOC) or more per year to install a 

system to collect and control landfill 

gas. Other requirements for applicable 

sources include presumptive emission 

limits, compliance schedules, testing, 

monitoring, reporting, and 

recordkeeping. The final rule’s preamble 

also establishes how a State can request 

delegation of the Federal Plan for 

implementation and enforcement 

authority on behalf of the EPA. The 

procedure requires the State to submit a 

letter to the EPA that: (1) Demonstrates 

that the State has adequate resources, as 

well as the legal and enforcement 

authority, to administer and enforce the 

program; (2) includes an inventory of 

designated MSW landfills, which 

includes those that have ceased 

operation, but have not been dismantled 

or rendered inoperable, and an 

inventory of the designated units’ air 

emissions; (3) certifies that a public 

hearing was held on the State’s 

delegation request; and (4) includes an 

MoA between the State and the EPA 

that sets forth the terms and conditions 

of delegation, the effective date of the 

agreement, and the mechanism to 

transfer authority. 

On May 8, 2023, NJDEP submitted to 

the EPA a formal written request for 

delegation of authority to implement 

and enforce the Federal Plan for MSW 

landfills located in New Jersey. The goal 

of the request was to acquire the 

delegation of authority to implement 

and enforce the Federal Plan for existing 

MSW landfills located in New Jersey, in 

accordance with CAA section 112(l) and 

40 CFR 63.91. The letter also provided 

the following enclosures: 

• Attachment 1: Demonstration of 

Adequate Resources and Legal 

Authority; 

• Attachment 2: Inventory of Affected 

MSW Landfills, their emissions, and 

provisions for Progress Reports to the 

EPA (40 CFR 60.25(a)); 

• Attachment 3: Compliance 

Schedule (40 CFR 62.16712); 1

• Attachment 4: Certification of 

Public Hearing on the State Delegation 

Request (40 CFR 60.23); and 

• Attachment 5: Commitment to 

Enter into a Memorandum of Agreement 

with the EPA. 

Within New Jersey’s formal request 

for delegation of authority to implement 

and enforce the Federal Plan, the State 

provides that all of the Federal Plan 

requirements in 40 CFR part 62, subpart 

OOO will be incorporated in each 

affected designated facility’s Title V 

operating permit or preconstruction 

permit (PCP), when issued. The NJDEP 

approves, and issues permits and 

certificates under the authority of 

N.J.S.A. 26:2C–9.2. NJDEP asserts that 

all Title V operating permits (issued 

N.J.A.C. 7:27–22) and PCPs (issued 

under N.J.A.C. 7:27–8) for affected MSW 

landfill facilities with have matching, or 

stricter, emission limits than are 

stipulated under the Federal Plan at 40 

CFR 62.16714 and 62.16716. 

After consideration of these materials, 

the EPA determined that the request 

letter and attached documents 

adequately fulfilled the State delegation 

criteria outlined in Federal Plan’s final 

rulemaking notice, Section VI–D. 

Delegation of the Federal Plan and 

Retained Authorities. See 86 FR 27756. 

NJDEP demonstrated that its air agency 

has the requisite authority and resources 

to administer and enforce the Federal 

Plan. New Jersey’s legal authority to 

support delegation of the Federal Plan is 

demonstrated by the opinion of the 

Acting Attorney General of New Jersey 

which states that the NJDEP has 

adequate legal authority to implement 

and enforce the MSW landfill Federal 

Plan.2 Additionally, NJDEP certifies that 

it has adequate staffing levels and 

divisional resources to ensure complete 

and timely review and issuance of 

conforming permits, and to monitor and 

ensure compliance of all affected 

landfills in the State. According to the 

submitted inventory, New Jersey 

currently has eight (8) existing MSW 

landfill facilities, as defined under 40 

CFR 62.16711, that are expected to be 

affected by the Federal Plan. Of the 

eight (8) identified MSW landfills, four 

(4) facilities are currently in operation: 

Cape May County MUA Secure Landfill, 

Gloucester County Solid Waste 

Complex, Keegan SLF, and Monmouth 

County Reclamation Center. The 

remaining four (4) landfills are closed: 

Cinnamon Bay LLC & Edgeboro Landfill 

Disposal, Linden City SFL, Parklands 

Recycling & Disposal Facility, and 

Pinelands Park. Within NJDEP’s formal 

request, the State also provided an 

inventory of emissions from the affected 

MSW landfills in New Jersey and 

compared those emissions to the 

Federal Plan Emission Limits. NJDEP’s 

Certification of Public Hearing on the 

State’s Delegation Request was also 

provided with the State’s formal 

request. NJDEP published a notice of 

proposed Request for Delegation of 

Authority and Public Hearing in the 

New Jersey Register on March 6, 2023, 

55 N.J.R. 498(a), and a second notice 

with corrected close of comment period 

on April 3, 2023, 55 N.J.R. 612(a). A 

public hearing was also held on April 

10, 2023, in accordance with the 

requirements outlined in 40 CFR 60.23. 

NJDEP provided a copy of the public 

notices of the public hearing within the 

State’s formal request. 

The Memorandum of Agreement 

Concerning the Delegation of Authority 

of the Federal Plan for Existing 

Municipal Solid Waste Landfills to the 

New Jersey Department of 

Environmental Protection by the United 

States Environmental Protection Agency 

includes the delegation conditions 

established, the authorities which 

NJDEP assumes and EPA retains, a 

policy statement defining the 

responsibilities of both parties, program 

implementation procedures, reporting 

and transmittal of information 

requirements, and contact information. 

Moreover, the MoA states that it is 

effective upon authorized signature by 

both NJDEP and EPA and that it shall 

have an effective date of the last date on 

which it is signed. The mechanism to 

transfer authority is explicitly identified 

to be upon signature of both parties. The 

MoA also states that EPA will publish 

an action in the Federal Register 

delegating to the NJDEP the authority to 

implement and enforce the Federal 

Plan. 

The MoA was signed by the NJDEP 

Assistant Commissioner on November 

21, 2023, and became effective upon 

signature of the EPA Region 2 Regional 

Administrator on November 28, 2023. 

The Federal Plan is codified at 40 CFR 

part 62, subpart OOO. The text of EPA’s 

and NJDEP MoA, effective November 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12798 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

28, 2023, can be found in the docket of 

this rulemaking. 

II. Proposed Action 

The EPA has evaluated New Jersey’s 

submittal for consistency with the CAA, 

EPA regulations, and EPA policy. New 

Jersey has met all the requirements of 

EPA’s guidance for obtaining the 

delegation of authority to implement 

and enforce the Federal Plan. New 

Jersey entered into a MoA with the EPA, 

and it became effective on November 28, 

2023. Accordingly, EPA is proposing to 

approve New Jersey’s request dated May 

8, 2023, for the delegation of authority 

of the Federal Plans for existing sources 

of MSW Landfills. The EPA will 

continue to retain enforcement authority 

along with NJDEP, and the EPA will 

continue to retain certain specific 

authorities reserved to EPA in the 

Federal Plan and as indicated in the 

MoA (e.g., authority to approve major 

alternatives to test methods or 

monitoring, authority to approve 

alternative methods to determine the 

site-specific NMOC concentration or a 

site-specific methane generation rate 

constant, etc.). 

The EPA is proposing to amend 

regulatory text at 40 CFR part 62, 

subpart FF—New Jersey, to promulgate 

the approved delegation of authority to 

the NJDEP for implementing and 

enforcing the Federal Plan 

Requirements for Municipal Solid 

Waste Landfills That Commenced 

Construction On or Before July 17, 2014 

and Have Not Been Modified or 

Reconstructed Since July 17, 2014 at 40 

CFR part 62, subpart OOO. 

The EPA is soliciting public comment 

on this proposed revision to the 

regulatory text or on relevant matters 

overall. These comments will be 

considered before taking final action. 

Interested parties may participate in the 

Federal rulemaking procedure by 

submitting written comments to this 

proposed action by following the 

instructions listed in the ADDRESSES

section of this document. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a State Plan 

submittal that complies with the 

provisions of the CAA and applicable 

Federal regulations. CAA sections 

111(d) and 129(b); 40 CFR part 60, 

subparts B and Cf; and 40 CFR part 62, 

subpart A; and 40 CFR 62.04. Thus, in 

reviewing state plan submissions, EPA’s 

role is to approve state choices, 

provided they meet the criteria of the 

CAA. Accordingly, this proposed action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), and 13563 (76 FR 

3821, January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

In addition, this proposed rulemaking 

action, pertaining to New Jersey’s 

submission, is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have Tribal 

implications and will not impose any 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The NJDEP did not evaluate 

environmental justice considerations as 

part of its formal request; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Landfills, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Authority: 42 U.S.C. 7401 et seq. 

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2024–03324 Filed 2–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 191, 192, and 193 

[Docket No. PHMSA–2024–0005] 

Pipeline Safety: Meeting of the Gas 

Pipeline Advisory Committee 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA); Department of Transportation 

(DOT). 

ACTION: Notice of advisory committee 

meeting. 

SUMMARY: This notice announces a 

public meeting of the Technical 

Pipeline Safety Standards Committee, 

also known as the Gas Pipeline 


ddrumheller on DSK120RN23PROD with PROPOSALS1